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While the fate of immigration reform remains unresolved with Congress, the Department of Homeland Security has moved forward with plans to beef up immigration enforcement.

In April, the department unveiled a comprehensive immigration enforcement strategy to reverse "growing tolerance for the employment of illegal aliens and for illegal immigration in general," said Julie Myers, assistant secretary for U.S. Immigration and Customs Enforcement (ICE). Specifically, it seeks to punish knowing and reckless employers of illegal aliens and to eliminate Social Security abuse that supports illegal immigration, said John Wargowsky, OFBF’s director of labor services and executive director of Mid American Ag and Hort Services. Immigration agents are now bringing criminal charges against employers who knowingly employ illegal aliens and are seizing their illegally-derived assets.

With the increased attention on illegal immigrants, it’s good to have an idea beforehand of what to expect if the ICE officials contact you or unexpectedly show up, Wargowsky said.

"Employers have a responsibility to obey immigration laws, but they also have rights under those same laws," he said. "Given the broken immigration system in force today, it's important employers understand those rights."

Wargowsky said ICE can contact you three ways:

• An I-9 audit. If this happens, ask for three days to prepare for the audit and contact an attorney to help you prepare.
• Arrest warrant. Agents may contact you if they have a warrant for an illegal alien who had committed a felony. If this happens, discretely cooperate with the agent. Agents can enter your property without notifying you if they believe the person is armed and dangerous.
• Search warrant. Agents can enter your property if they have a search warrant based on probable cause of illegal activity. Obtain a copy of the warrant, read it and allow only those specified in the warrant to conduct the actions. Get a business card of everyone who enters your property. After you read the warrant, contact your attorney.

Employers should develop policies on who can grant access to their property and post signs directing visitors to report to the office, Wargowsky said. If you find government agents on your property, politely ask their names and determine if they have a warrant. If they don’t have a warrant, tell them that they don’t have permission to enter the property, invite them to make an appointment and ask them to leave, Wargowsky said. Report the incident to your attorney or sheriff.

Don’t forget to tell your employees not to grant permission for government agents to enter your property and to always carry valid identification. Tell employees that work is the safest place for them because immigration agents can’t detain someone unless they have a warrant. However, government officials can question or even detain people they meet in a public place if agents suspect they are illegal aliens, Wargowsky said.

Joint committee debates immigration reform
The U.S. Senate passed its overall immigration reform package in late May with a 62-36 vote. Now it’s up to a joint committee to try and iron out differences in the House and Senate bills.

The Farm Bureau is for the most part in support of the Senate version’s final passage, which includes a guest worker program.

"The guest worker program allows for an adequate work force for the agriculture sector," said Adam Sharp, OFBF director of national affairs.

But there is one point of contention in the Senate bill.

"We’re still working with the conference committee to address issues of the fair wage rate," Sharp said. "The wage rate that was passed by the Senate could lead to exorbitant costs for farmers."

Sharp added that farm workers typically make above the national minimum wage rate of $5.15 per hour.

It’s not clear when the joint committee will come to any agreements on the two bills, which Sharp said are very different. He said it could take the entire summer before that happens, if an agreement is even reached.